HC directs AR to pay Rs 5 lakh compensation
Source: The Sangai Express

Imphal, March 29 2019: Division Bench High Court of Manipur has directed Assam Rifles to pay a compensation of Rs 5 lakh each to the family members of two cousin brothers, who were killed along with five others, in an alleged encounter with 28 Assam Rifles on the intervening night of October 31 and November 1, 2009, at Andro Sanapat, under Andro PS.

The order was passed by Division Bench High Court of Manipur comprising of Chief Justice Ramalingam Sudhakar and Justice Lanusungkum Jamir and the directive of the Division bench was based on the magisterial inquiry report of the Additional Session Judge Fast Track Court Manipur and the writ petition filed by Oinam (O) Keinatombi Leima (40) mother of (L) Oinam Maipaksana alias Pakpa alias Pakpak Meetei and Oinam (O) Yaimabi Leima, mother of (L) Oinam Anand alias Girani Meetei (both residents of Ishikha Mayai Leikai, under Heingang PS), before the constituted Magisterial Inquiry Committee and the High Court of Manipur.

The petition prayed for necessary compensation from the respondent (Assam Rifles) for illegal and unjustified killing of the two cousin brothers after they were picked up by personnel of 28 AR from their respective houses on the night of October 22, 2009.The petitioners also appealed the High Court to direct the CBI or any independent investigating agency to effectively investigate and to prosecute the personnel of 28 AR involved in the arrest, torture and killing of the two cousin brothers and to issue appropriate order or direction which the Court deems fit and proper.

In the meantime, the Division Bench, while examining the reports submitted by the prosecution witnesses and respondent witnesses, announced that the pleas of the respondents for killing the two cousin brothers in an exchange of firing between the army personnel and armed underground group at Andro Sanapat area in the intervening night of October 31 and November 1, 2009, is unbelievable as the external bullet injuries found on the bodies of the two deceased, were from contact shots as per the post mortem report.

Furthermore, the Court also observed that the recovery of huge arms, ammunition, explosive and wireless sets etc from the place of the incident within a period 10/15 minutes in a dark night by using a night-vision instrument is also very doubtful because the witnesses and respondents statements do not corroborate with each other.

Some of the respondent witnesses, during cross examination by the Court, mentioned that other AR personnel led by Lt Col Shamsher Singh and his team, participated in searching the incident site and during the search, Shamsher Singh or any AR personnel who participated in the said search were not examined in order to support their contention.

The Court further observed that since the respondents failed to establish the killing of the two cousin brothers in an alleged exchange of fire, the presumption under section 111 A of Indian Evidence Act will not arise and announced that the testimonies of the prosecution witnesses are more convincing and trustworthy than that of respondent's witnesses.

The Division Bench, relying on the materials on records and reports submitted by the constituted Magisterial Inquiry, decided that the two cousin brothers Oinam Maipaksana and Oinam Anand were arrested from their respective houses on the night of October 22, 2009 and killed along with five other persons while both were under their (AR) custody in the intervening night of October, 31 and November 1, 2009 at Andro Sanapat Thumkhong.

The Court directed the Assam Rifles to pay a compensation of Rs 5 lakh each to the petitioners within a period of six months.

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